Stanly Simon vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 25, 2023

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Citation: sooperkanoon.com/1385785
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: Aug 25, 2023
Case Number: Crl.MC/6981/2023

Parties & Advocates

Appellant / Petitioner

Stanly Simon

Respondent

State of Kerala

Excerpt

.....pin - 682031 sri. vipin narayan, sr. public prosecutor this criminal misc. case having come up for admission on 25.08.2023 along with crl.m.c no.6973 of 2023, the court on the same day passed the following: crl.m.c. nos.6973 & 6981 of 2023 3orderthe petitioners herein are husband and wife, respectively. they have been arrayed as accused in c.c. no.110/2012 and 130/2012 on the file of the chief judicial magistrate court, pathanamthitta. in the above case, they face indictment for having committed an offence punishable under section 420 r/w section 34 of the ipc.2. sri. k.n. radhakrishnan, the learned counsel appearing for thepetitioners, submitted that the petitioners, on receipt of the summons, had appeared before the learned magistrate and were enlarged on bail. while the trial proceedings were pending, the 1st accused was diagnosed with cancer. immediately thereafter, the petitioners herein filed separate applications under section 205 of the cr.p.c. seeking exemption from appearance in the court and also to permit them to be represented through a lawyer. by the orders impugned in this petition, the trial court rejected the applications. those orders are under challenge in this petition.3. i have heard sri.k.n.radhakrishnan, the learned counsel appearing for the petitioners, who submitted that the learned single judge of this court in crl.m.c. no.1684 of 2023 and connected cases had considered crl.m.c. nos.6973 & 6981 of 2023 4 the entire facts and had passed a common order dated 13.03.2023. the saidorder has been followed by a coordinate bench in crl.m.c.nos.2951 of 2023and 2045 of 2023. according to the learned counsel, in that view of the matter, the directions issued by this court may govern this matter as well.4. heard the learned public prosecutor.5. i have considered the submissions advanced.6. i find that a learned single judge of this court has consideredidentical issues while disposing of crl.m.c.no.1874 of 2023 and connected cases. this.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 CRL.MC NO. 6973 OF 2023 CC 110/2012 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA PETITIONERS/PETITIONERS/ACCUSED 1 & 5: 1 STANLY SIMON, AGED 37 YEARS, S/O SIMON C. THOMAS, PALAKKADU DISTRICT., PIN - 678544 2 ZEENATH STANLY, AGED 42 YEARS, W/O STANLY SIMON, PALAKKADU DISTRICT., PIN - 678544 BY ADV K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SRI. VIPIN NARAYAN, SR. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.08.2023 ALONG WITH CRL.M.C NO.6981 OF 2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. Nos.6973 & 6981 of 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 CRL.MC NO. 6981 OF 2023 CC 130/2012 OF CHIEF JUDICIAL MAGISTRATE PATHANAMTHITTA PETITIONERS/PETITIONERS/ACCUSED 1 & 5: 1 STANLY SIMON, AGED 37 YEARS, S/O SIMON C. THOMAS, PALAKKADU DISTRICT., PIN - 678544 2 ZEENATH STANLY, AGED 42 YEARS, W/O STANLY SIMON, PALAKKADU DISTRICT. PIN-678544. BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)

RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SRI. VIPIN NARAYAN, SR. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.08.2023 ALONG WITH CRL.M.C NO.6973 OF 2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. Nos.6973 & 6981 of 2023 3

ORDER

The petitioners herein are husband and wife, respectively. They have been arrayed as accused in C.C. No.110/2012 and 130/2012 on the file of the Chief Judicial Magistrate Court, Pathanamthitta. In the above case, they face indictment for having committed an offence punishable under Section 420 r/w Section 34 of the IPC.

2. Sri. K.N. Radhakrishnan, the learned counsel appearing for the

petitioners, submitted that the petitioners, on receipt of the summons, had appeared before the learned Magistrate and were enlarged on bail. While the trial proceedings were pending, the 1st accused was diagnosed with cancer. Immediately thereafter, the petitioners herein filed separate applications under Section 205 of the Cr.P.C. seeking exemption from appearance in the Court and also to permit them to be represented through a lawyer. By the orders impugned in this petition, the trial court rejected the applications. Those orders are under challenge in this petition.

3. I have heard Sri.K.N.Radhakrishnan, the learned counsel appearing for the petitioners, who submitted that the learned Single Judge of this Court in Crl.M.C. No.1684 of 2023 and connected cases had considered Crl.M.C. Nos.6973 & 6981 of 2023 4 the entire facts and had passed a common order dated 13.03.2023. The said

order has been followed by a coordinate Bench in Crl.M.C.Nos.2951 of 2023

and 2045 of 2023. According to the learned counsel, in that view of the matter, the directions issued by this Court may govern this matter as well.

4. Heard the learned public prosecutor.

5. I have considered the submissions advanced.

6. I find that a learned single judge of this Court has considered

identical issues while disposing of Crl.M.C.No.1874 of 2023 and connected cases. This Court, after taking note of the law laid down in Bhanujan v. Jayabhanu [1993 (2) KLT 889], M/s. Bhaskar Industries Ltd. v. Bhiwani Denim and Apparels Ltd. and Others [AIR 2001 SC 3625], Sarath v. State of Kerala [2017 (3) KLT 95] and Moosa Pattupura v. State of Kerala [2022 (2) KHC 293] had occasion to hold that that Section 317(1) Cr.P.C. empowers the Judge or Magistrate to dispense with the personal attendance of the accused and proceed with the trial in his absence. This Court further observed that ordinarily, the Court should be generous and liberal under Section 205 and Section 317 of Cr.P.C. and grant exemption to the accused from personal appearance unless the presence is imperatively needed or becomes indispensable. The same view was taken by this Court in

Crl.M.C. Nos.6973 & 6981 of 2023 5 Crl.M.C. No.2951 of 2023 as well. In that view of the matter, following the directions issued by this Court in Crl.M.C.Nos.1684 of 2023 and Crl.M.C. No.2951 of 2023, these petitions are allowed by ordering as under.

a) The order dated 12.1.2023 in Crl.M.P. No.439/2023 in C.C.No.110/2012 and order dated 02.02.2023 in Crl.M.P. No.616/2023 in C.C.No.130/2012 on the files of the Chief Judicial Magistrate Court, Pathanamthitta are set aside. b) The petitioners are granted permanent exemption from appearance under Section 205(1) of the Cr.P.C and shall be represented by their Counsel at the time of trial. c) The petitioners shall file affidavits in tune with the directions in M/s.Bhaskar Industries Limited (supra). d) Petitioners shall appear before the Court at the time of questioning under Section 313 Cr.P.C as well as on the date of judgment, and the exemption granted as above shall not be applicable in view of the undertaken given by the petitioner. It is made clear that Subsection 205(2) shall always apply, and if the presence of the petitioners is otherwise required, it would be open to the Magistrate to insist on their appearance, however, subject

Crl.M.C. Nos.6973 & 6981 of 2023 6 to the orders above. e) It is reiterated that the exemption granted as above shall be subject to a further direction that the petitioners shall appear if they are so otherwise directed by the court tying the matter.

These Crl.M.Cs are disposed of. Sd/- RAJA VIJAYARAGHAVAN V, JUDGE IAP Crl.M.C. Nos.6973 & 6981 of 2023 7 APPENDIX OF CRL.MC 6973/2023 PETITIONERS’ ANNEXURES: Annexure 1 THE COPY OF FINAL REPORT IN C.C 110/2012 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA DATED 10.07.2012 Annexure 2 THE COPY OF MEDICAL CERTIFICATE DATED 30.09.2020 ISSUED FROM THE AMRUTHA Annexure 3 THE COPY OF MEDICAL CERTIFICATE DATED 07.02.2023 ISSUED FROM THE AMRUTHA

Annexure 4                THE CERTIFIED COPY OF ORDER IN CRL. MP NO.
Annexure 5                THE CERTIFIED COPY OF ORDER IN CRL. MP NO.
Crl.M.C. Nos.6973 & 6981 of 2023   8

APPENDIX OF CRL.MC 6981/2023 PETITIONERS’ ANNEXURES: Annexure 1 THE COPY OF FINAL REPORT IN C.C 130/2012 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA DATED 10.08.2012 Annexure 2 THE COPY OF MEDICAL CERTIFICATE DATED 30.09.2020 ISSUED FROM THE AMRUTHA Annexure 3 THE COPY OF MEDICAL CERTIFICATE DATED 07.02.2023 ISSUED FROM THE AMRUTHA Annexure 4 THE CERTIFIED COPY OF ORDER IN CRL. MP NO. Annexure 5 THE CERTIFIED COPY OF ORDER IN CRL. MP NO.

Same Court & Year Kerala · 2023 Same Parties Stanly Simon vs State of Kerala Same Judge Honourable Mr. Justice Raja Vijayaraghavan V